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HomeMy WebLinkAboutCC Resolution 11975 (Fire Station 7 Lease Agreement)RESOLUTION NO. 11975 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE LEASE AGREEMENT FOR THE COUNTY OF MARIN PROPERTY CONTAINING FIRE STATION #7, WITH THE COUNTY OF MARIN (Term of Agreement shall commence on July 1, 2006 and continue through June 30, 2016) WHEREAS, the current lease agreement between the City of San Rafael and the County of Marin for the lease of the County of Marin property containing Fire Station #7, dated July 20, 1976, terminates on June 30, 2006; and WHEREAS, the County of Marin, County Service Area 19 for the County of Marin, and the City of San Rafael, are entering into a Fire Protection Services Agreement for CSA #19 and adjoining areas, contingent upon the City of San Rafael and the County of Marin entering into an agreement for the City's continued lease of the County of Marin property containing Fire Station #7, the improvements on which are owned by the City; and WHEREAS, the County of Marin and the City of San Rafael desire to enter into a new lease agreement for the lease of the County of Marin property containing Fire Station #7 improvements; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the Mayor to execute the Lease Agreement for the County of Marin property containing Fire Station #7 in the form attached hereto as Exhibit "I". I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 19th day of June, 2006, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips nr. JE M. LEONCINI, City Clerk RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE LEASE AGREEMENT FOR THE COUNTY OF MAR1N PROPERTY CONTAINING FIRE STATION #7, WITH THE COUNTY OF MARIN. WHEREAS, the current lease agreement between the City of San Rafael and the County of Marin for the lease of the County of Marin property containing Fire Station #7, dated July 20, 1976, terminates on June 30, 2006; and WHEREAS, the County of Marin, County Service Area 19 for the County of Marin, and the City of San Rafael, are entering into a Fire Protection Services Agreement for CSA #19 and adjoining areas, contingent upon the City of San Rafael and the County of Marin entering into an agreement for the City's continued lease of the County of Marin property containing Fire Station #7, the improvements on which are owned by the City; and WHEREAS, the County of Marin and. the City of San Rafael desire to enter into a new lease agreement for the lease of the County of Marin property containing Fire Station #7 improvements; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the Mayor to execute the Lease Agreement for the County of Marin property containing Fire Station #7 in the form attached hereto as Exhibit "I". I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 19th day of June, 2006, by the following vote to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: JEANNE M. LEONCINI, City Clerk EXHIBIT "I" LEASE AGREEMENT This Agreement is made and entered into as of the ;200.6 day of June, 2006, by and between the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "County") and the CITY OF SAN RAFAEL, a charter city (hereinafter "City"). RECITALS: A. The City, County and County Service Area 19 of the County of Marin are entering into a Fire Protection Services Agreement for County Service Area 19 and adjoining areas, which is contingent upon the City and County entering into this Lease Agreement for the lease of the lands described hereafter in Paragraph 2. B. The City owns the Fire Station #7 improvements located on the Property, and the County owns the Property. C. The current Lease Agreement for the Property between the City and County, dated July 20, 1976, terminates on June 30, 2006. D. The County has given notice to the City of its intention to exercise its option to acquire title to the Fire Station #7 improvements on the Property, as provided under Section F of the Agreement for Fire Protection Services In and Around County Service Area #19, between the City and County, dated April 22, 1986, as amended, but the parties are mutually agreeable to defer County's acquisition of title to such improvements from the City to a later date. E. The County desires to continue to lease the Property to the City, and City desires to continue to lease the Property from the County. F. The City acknowledges that the County is in the planning stages for an Emergency Operations/Public Safety Facility that may be located on County lands adjacent to Fire Station #7, and that the County may require an extension of Golf Avenue across the leased lands in order to provide direct access to this proposed facility from Golf Avenue. The County acknowledges that it will meet with City for good faith discussions regarding potential mitigations to any adverse impacts on the Fire Station # 7 improvements in connection with such an extension. NOW THEREFORE, the parties agree as follows: Title to Fire Station #7 Improvements. The parties agree that the City shall continue to hold title to the Fire Station #7 improvements on the Property until such time as this Agreement shall terminate, at which time the County shall purchase such improvements and title to same shall pass to County as provided in Paragraph 7 hereafter. 5 2. Lease of Lands. For and in consideration of the covenants and promises hereunder, County does hereby lease to City, and City does hereby lease from County, the lands consisting of approximately 35,284 square feet, described as the "Fire Station Site" on attached Exhibit "A" attached hereto (the "Property"), pursuant to the terms set forth herein. Should County need to provide a roadway access from Golf Avenue to its adjacent lands north of the Property, County may extend Golf Avenue across the Property upon giving a minimum of eighteen (18) months advance written notice to City, such notice to include details concerning the scope and timing of the proposed extension of Golf Avenue. Within two (2) months following such notice, the parties shall enter into good faith negotiations for revision of the Lease Agreement in light of the proposed extension. If the parties fail to reach an agreement on a revised Lease Agreement within the aforementioned eighteen (18) month period, the City may terminate this Lease Agreement upon giving a minimum of eighteen (18) months advance written notice to the County. 3. Term. Contingent upon the parties having entered into the Fire Protection Services Agreement, bearing the same date as this Agreement, the term of this Agreement shall commence on July 1, 2006 and shall continue through June 30, 2016, provided that (1) either party may terminate this Agreement upon giving the other party thirty-six (36) months advance written notice of such termination, and (2) the parties may agree, following good faith negotiations to be held prior to June 30, 2015, to a ten (10) year extension of this Agreement. 4. Rent. On or before the first day of each calendar month during the term of this Agreement, without any prior demand by County, City shall pay to County a monthly rental of $8,821.00, which amount shall be increased by 3% on each anniversary of the Agreement. 5. Operation and Maintenance Expenses. The City, as owner of the Fire Station #7 improvements on the Property, shall be responsible for all operating and maintenance expenses related to the building and improvements, including all utilities. The City shall also be responsible for landscape maintenance on the Property. 6. Improvements. The City may make non-structural or structural alterations, renovations, replacements, or other improvements to the Fire Station #7 building that do not affect the total square footage, dimension or height of such building, or the external appearance of the building, without the written consent of the County. The City also may replace the roof on the Fire Station #7 building, make landscape improvements, and make repairs to the existing paved parking lot on the Property, without the written consent of the County. Any other exterior improvements on the Property shall require the County's written consent, and shall conform, to the extent applicable, with the County Civic Center Master Plan Guidelines, adopted by the Board of Supervisors on December 20, 2005, on file with the County Clerk, and shown on the County's website at httD://WWW.co.marin.ca.us/dei)ts/AD/MainMasterPG.cftn. City shall provide the County with at least thirty (30) days advance written notice of any improvements to 2 the Property that will cost more than $44,000 and have a useful life greater than five (5) years ("Special Improvements"). 7. Purchase from City of Improvements Upon Termination. Within ninety (90) days of the termination of this Agreement, County shall pay to City $75,000, increased by 3% on June 30th of each year during the term of this Agreement, plus the unamortized cost of any Special Improvements, for the purchase of the Fire Station #7 improvements on the Property. S. Destruction or Damage of Improvements. Notwithstanding Paragraph 3 of this Agreement, if, during the term of this Agreement, the Fire Station #7 improvements are totally destroyed or damaged to the extent that the improvements are no longer suitable or adequate for use as a fire station, all rent due under the Agreement shall be totally abated effective as of the date of destruction or damage, and City may elect to either reconstruct or repair the improvements or to terminate this Agreement by giving written notice to the County within three (3) months following such destruction or damage. If the City elects to reconstruct or repair the improvements, City shall commence such reconstruction or repair within six (6) months after giving notice of such election, and upon the completion of such reconstruction or repair the full monthly rent payable under the Agreement shall again become payable for the remaining term of the Agreement. If the City elects to terminate the Agreement due to the destruction or damage of the Fire Station #7 improvements, City shall clear the Property of the destroyed or damaged improvements and title to the Property shall be vested free and clear in the County. 9. Indemnification. City shall defend, protect, indemnify and hold harmless the County against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising out of the City's negligence or willful misconduct, or the City's operations on the Property under this Agreement, including any Claims under any Federal or State regulations related to accessibility. County shall defend, protect, indemnify and hold harmless the City against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys' fees, costs and disbursements) (collectively "Claims") arising out of the County's negligence or willful misconduct. 10. Hazardous Materials. City shall be responsible for the disposal in accordance with applicable laws of any hazardous materials placed on the Property by City or City's agents, and shall defend, protect, indemnify and hold harmless the County against and from any claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including without limitation reasonable attorneys' fees, costs and disbursements) arising from such hazardous materials. County shall be responsible for the disposal in accordance with applicable laws of any other hazardous materials found on the Property, and shall defend, protect, indemnify and hold harmless the City against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys' fees, costs and disbursements) arising from such other hazardous materials. 3 11. Amendments. This Agreement may be amended by written consent of both parties. 12. Notices. All notices or communications hereunder shall be in writing and shall be sent by first class mail, addressed to the other party at the addresses indicated below, or such other addresses as the parties may from time to time designate in writing. Notice shall be deemed given upon placement of the notice into the mail. To County: County Administrator County of Marin 3501 Civic Center Drive San Rafael, CA 94903 To City: City Manager City of San Rafael P.O. Box 151560 San Rafael, CA 94915-1560 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF SAN RAFAEL ALER/Jd.B , Mayor ATTEST: J&:M. APPROVIJD A� FO ev GARY T. RAGGHIANTI, City Attorney 4 COUNTY OF MARIN L4a4A 6 President of the Bo rd:of Supervisors ATTEST: Clerk of the Board L APP VED AS TO FORM: P*R- ICK FAULKER, County Counsel ' �� ,L"J • , � `h L= 3-x¢7 o �yi^G :S/d4,94 SiTC 4 N -S OZo'671 .. L ,r �2� Bs �' o� • U. S. P.sf /t/ o li St�'YJ P�cirU %ZQ COUNTY OF MARiN Ci.vf.e- DEPARTMENT OF PUBLIC WORKS APPROVED DIRECTOR OF PUBLIC WORKS DESIGNED DRAWN CH EGK4D OF FILE NO. EXHIBIT A